Abstract

http://ssrn.com/abstract=1096545
 
 

Footnotes (299)



 


 



Doctors, Discipline, and the Death Penalty: Professional Implications of Safe Harbor Statutes


Nadia N. Sawicki


Loyola-Chicago School of Law, Beazley Institute for Health Law & Policy

August 14, 2008

27 Yale Law & Policy Review 107 (2008)
U of Penn Law School, Public Law Research Paper No. 08-15

Abstract:     
State capital punishment statutes generally contemplate the involvement of medical providers, and courts have acknowledged that the qualifications of lethal injection personnel have a constitutionally relevant dimension. However, the American Medical Association has consistently voiced its opposition to any medical involvement in executions. In recent years, some states have responded to this conflict by adopting statutory mechanisms to encourage medical participation in lethal injections. Foremost among these are safe harbor policies, which prohibit state medical boards from taking disciplinary action against licensed medical personnel who participate in executions.

This Article posits that safe harbor policies, as limitations on medical board autonomy, safe harbor policies must be viewed not merely as artifacts of the political discourse on capital punishment, but as part of the historical narrative of American medical regulation. As a matter of policy, safe harbors cannot be defended by reference to the three traditional justifications for regulating medical professionals -- they are not necessary to keep the profession from exceeding the scope of its delegated powers; they do not promote traditional medical goals; and they do not satisfy the criteria for promotion of important state goals unrelated to medicine. This Article suggests that safe harbors and other restrictions on board autonomy, if not adequately justified, may weaken public confidence in the authority and independence of the medical profession. Because the loss of systemic medical trust tends to have a corrosive effect on the medical profession's ability to promote patient interests and public health, policymakers should be wary of adopting safe harbors without first considering their trust implications in the professional sphere.

[SSRN posted version is a pre-publication draft]

Number of Pages in PDF File: 68

Keywords: medicine, physicians, professional regulation, licensing, discipline, lethal injection, capital punishment, legislation, medical ethics

Accepted Paper Series


Download This Paper

Date posted: April 17, 2008 ; Last revised: July 15, 2013

Suggested Citation

Sawicki, Nadia N., Doctors, Discipline, and the Death Penalty: Professional Implications of Safe Harbor Statutes (August 14, 2008). 27 Yale Law & Policy Review 107 (2008) ; U of Penn Law School, Public Law Research Paper No. 08-15. Available at SSRN: http://ssrn.com/abstract=1096545

Contact Information

Nadia N. Sawicki (Contact Author)
Loyola-Chicago School of Law, Beazley Institute for Health Law & Policy ( email )
25 E. Pearson
Chicago, IL 60611
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,561
Downloads: 148
Download Rank: 111,228
Footnotes:  299

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.344 seconds